Garcia (Maria) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: September 10, 2015
• Docket: 68409
• Status: Unpublished

Opinion

general rule, we have decline to entertain writs that request review of a decision of the district court acting in its appellate capacity unless the district court has improperly refused to exercise its jurisdiction, has exceeded its jurisdiction, or has exercised its discretion in an arbitrary or capricious manner." State v. Eighth Judicial Dist. Court (Hedland), 116 Nev. 127, 134, 994 P.2d 692, 696 (2000). Here, the district court took jurisdiction of petitioner's appeal and denied relief on the grounds that sufficient evidence supported the conviction and the de minimus doctrine did not apply. Because the district court exercised and did not exceed its jurisdiction and did not act in an arbitrary or capricious manner, its decision is not reviewable by way of a petition for a writ of mandamus. We therefore ORDER the petition DENIED.

Parraguirre

Douglas Cherry

cc: Hon. James Todd Russell, District Judge State Public Defender/Carson City Attorney General/Carson City Carson City District Attorney Carson City Clerk

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